This is a complaint made by Malay Kumar Manna son of Sri Bhupti Charan Manna residing at 27/40B, K. M. Naskar Road, P.S. Regent Park, Kolkata-700040, Smt. Sova Manna wife of Sri Malay Kumar Manna against The Director, D. K. Infra Projects (India) Ltd. having its registered office at 617A, Diamond Harbour Road, Kadamtala Bazar, P.S. Thakurpukur, Kolkata- 700063 praying for refund of Rs.1,00,000/- for booking amount in respect of cancellation of booking of flat at Block 7, 2nd Floor, Flat No. D, Type 1.5 BHK at the residential project namely D. K. Orchid, Amgachia, P.S. Bishnupur, District South 24 Parganas and to pay Rs.30,000/- as compensation for harassment and mental agony and Rs.5,000/- as litigation cost.
Facts, in brief, are that OP made an advertisement in respect of their residential project namely, D. K. Orchid, Amgachia, P.S. Bishnupur, District South 24 Parganas. Complainant booked one flat at Block 7, 2nd Floor, Flat No.D, Type 1.5 BHK measuring about 617 Sq. ft. @ Rs.1,700/- per sq. ft. at a total consideration of Rs.10,48,900/- .
At the time of booking he paid Rs.1,00,000/- by an A/c payee cheque bearing no.4140533 dated 6/8/2014 drawn on United Bank of India, Kudghat Branch. After receiving money OP issued receipt which is Annexure ‘A’. Complainants are very much willing to purchase the flat but even after passing more than one and half years they did not see any construction at the site. So they cancelled the said booking and asked for refund of booking money. Complainant issued a letter to OP on 24/6/2015 after lapse of more than three months as per schedule for refund of the money. But OP did not pay the money. OP since failed to pay the money Complainant filed this case praying for refund of the money.
On the basis of the above facts the case was admitted and notice was issued. But none appeared to contest the case. So the case was heard ex-parte.
Decision with reasons
Complainant filed certain documents. Complainant filed evidence-on-affidavit wherein they have reiterated the facts mentioned in the complaint. On perusal of the document it appears that Complainant has paid Rs.1,00,000/- as booking money.
Main point for determination is whether Complainants are entitled to the reliefs which they have prayed.
On perusal of the affidavit-in-chief and Xerox copy of the document filed by the Complainant it appears that they gave Rs.1,00,000/- as booking money. Since the allegations of the Complainant remain unrebutted and unchallenged they are entitled to get refund of the money.
However, they are not entitled to any compensation and litigation cost because that can only be awarded if OP takes some money deducting from the booking money as per rules and bye-laws of the OP company.
Hence,
O R D E R E D
CC/258/2016 and the same is allowed ex-parte in part. OP is directed to refund Rs.1,00.000/- to the Complainant within 2 months of this order, in default, the amount shall carry interest @10% p.a. after 2 months.
